The Italian Law Journal | ItaLJ


Let’s Disagree to Disagree. Relevance as the Rule of Inter-Order Recognition  

by Filippo Fontanelli

Santi Romano’s intuitions on legal pluralism ring truer now than ever. This article explains the notion of inter-order relevance and repositions it in the current scenario of global legal disorder. Drawing from a series of recent episodes of high stakes clashes between legal orders, the article demonstrates that, ultimately, there is no normative robustness to pluralism. Orders react to each other and manipulate each other’s legal materials according to their internal point of view. The resulting arrangements might occasionally approximate a reasoned order – but it is a contingent κόσμος, not τάξις. Legal orders select which external elements are legally relevant, which elements count as facts and which do not count at all.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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